Ghana’s Supreme Court upholds law criminalising same-sex relations
A decision is also pending on whether a harsh anti-LGBT bill will be passed into law, which would punish LGBTQs and their allies with up to 10 years in prison.
By Dale Fox
Ghana‘s highest court has upheld a decades-old law that criminalises gay sex, dealing a blow for LGBTQ+ rights in the West African nation.
The Supreme Court on Wednesday (24 July) dismissed a lawsuit challenging aspects of Ghana’s Criminal Code that prohibit “unnatural carnal knowledge,” reported Reuters.
The law, which dates back to 1960, carries a potential three-year prison sentence for same-sex sexual acts.
Justice Paul Baffoe-Bonnie, who presided over the seven-member panel, said the court’s reasons for the ruling would be provided at a later date.
The decision comes as Ghana awaits another court ruling on whether to enact even harsher penalties against LGBTQ+ individuals. In February, the country’s parliament passed a controversial anti-LGBT bill, which would increase sentences and criminalise identifying as LGBTQ+ or advocating for LGBTQ+ rights.
Human rights organisations have condemned the bill as one of the harshest anti-LGBTQ+ laws on the African continent. Amnesty International warned it poses “significant threats to fundamental rights and freedoms”.
The Supreme Court has postponed deciding whether the new bill should be sent to President Nana Akufo-Addo for approval, saying it must first determine if the legislation is constitutional.
Law lecturer Prince Obiri-Korang had petitioned the court in 2021 to annul parts of the existing criminal code, arguing they violated constitutional rights to privacy. However, justices rejected this challenge.
Only 22 of 54 African nations allow homosexuality, while three carry the death penalty for gay sex: Nigeria, Mauritania, and Somalia